Probate & Trust Law Section Conference Manual ... - Minnesota CLE

change only when Social Security payments are adjusted by Cost of Living
Adjustments (COLA). From 2008 to 2011, these COLA numbers did not
change. Finally, starting in 2012, these numbers began to change again, as
shown below.
2. PERSONAL NEEDS ALLOWANCES FOR SINGLE
PERSONS
a. The Clothing and Personal Needs Allowance for an individual in
a nursing home has jumped from $92 per month, to $94 per month
for calendar year 2013.
b. A veteran with no spouse or dependents is allowed a Clothing and
Personal Needs Allowance of $90 per month at the Minnesota
Veterans Home. A veteran in a nursing home that takes medical
assistance gets the benefit of the larger MA Clothing and Personal
Needs Allowance. See HCPM § 22.45.
3. COMMUNITY SPOUSE ASSET ALLOWANCES
a. The basic rule is that an amount equal to one-half of the countable
resources (assets) 14 owned by a husband and wife, whether
individually or in common, on the Asset Assessment Date will be
protected for the community spouse at the time of the other
spouse's application for medical assistance, subject to minimum and
maximum amounts. If an application for medical assistance
benefits is submitted in a year following the year in which the Asset
Assessment Date becomes locked in place, the community spouse
will get the benefit of higher minimum and maximum amounts in
the year of application, if any. See HCPM § 19.45.
b. The Asset Assessment Date is usually triggered by the first period
14 A countable resource is any asset other than an excluded asset. Income is treated separately
and differently than assets. Example of excluded assets are the homestead, one motor vehicle
used for transportation, household goods, personal goods, and real or personal property used in a
trade or business, whether or not the resource is considered available. An asset is considered
“available” if the applicant has both legal authority and actual ability to use the resource for selfsupport.
Some resources, such as trusts established by a husband or wife containing assets of the
husband or wife, are counted if trust assets or income can be used for the benefit of the husband
or wife, and are treated as available even if the resource is not actually available. Only available
assets are counted at the time of application for benefits.
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